Commonwealth v. Knepp

Lehman, P. J.,

Defendant, Norman C. Knepp, was charged with having wilfully neglected or refused to contribute reasonably to the support and maintenance of a child horn out of lawful *214wedlock under The Penal Code of June 24, 1939, P. L. 872, sec. 732, 18 PS §4732. Prosecutrix, Gladys P. Fisher, was a married woman at the time of conception and birth of the alleged bastard child. At the close of the Commonwealth’s case, we sustained defendant’s demurrer to the evidence because of Commonwealth’s failure to rebut the ¡^resumption of legitimacy. From this judgment the Commonwealth has appealed.

The…